Colorado Dept. of State v. Baca, 591 U.S. ___ (2020)
Docket No.
19-518
Granted:
January 17, 2020
Argued:
May 13, 2020
Decided:
July 6, 2020
Justia Summary
Reversing the Tenth Circuit, the Court held that states may impose a sanction on "faithless electors" who pledge to vote for the nominee of their political party in the presidential election and fail to do so. The Court cited its contemporaneous opinion, Chiafalo v. Washington.
Annotation
Primary Holding
States may impose a sanction on "faithless electors."
Opinions
NOTICE: This opinion is subject to
formal revision before publication in the preliminary print of the
United States Reports. Readers are requested to notify the Reporter
of Decisions, Supreme Court of the United States, Washington,
D. C. 20543, of any typographical or other formal errors, in
order that corrections may be made before the preliminary print
goes to press.
SUPREME COURT OF THE UNITED STATES
_________________
No. 19–518
_________________
COLORADO DEPARTMENT OF STATE, PETITIONER
v. MICHEAL BACA, et al.
on writ of certiorari to the united states
court of appeals for the tenth circuit
[July 6, 2020]
Per Curiam.
The judgment of the United States Court of
Appeals for the Tenth Circuit is reversed for the reasons stated in
Chiafalo v. Washington, ante, p. ___.
It is so ordered.
Justice Sotomayor took no part in the decision
of this case.
Justice Thomas concurs in the judgment for the
reasons stated in his separate opinion in Chiafalo v.
Washington, ante, p. ___.
Materials
| JUDGMENT ISSUED. |
| Judgment REVERSED for the reasons set forth in Chiafalo v. Washington, 591 U. S. ___ (2020). Opinion per curiam. Justice Sotomayor took no part in the decision of this case. Justice Thomas concurs in the judgment for the reasons stated in his separate opinion in Chiafalo v. Washington, 591 U. S. ___ (2020). |
| Argued. For petitioner: Philip J. Weiser, Attorney General, Denver, Colo. For respondents: Jason Harrow, Los Angeles, Cal. |
| Reply of Presidential Electors Baca, et al. filed. (Distributed) |
| Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| RESCHEDULED FOR ARGUMENT on Wednesday, May 13, 2020. |
| Argument to be rescheduled for May 2020. |
| Brief amicus curiae of Colorado Republican Committee filed. (Distributed) |
| Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. (Distributed) |
| Brief amici curiae of South Dakota and 44 States and the District of Columbia filed. VIDED. (Distributed) |
| Amicus brief of The Colorado Democratic Party not accepted for filing. (April 08, 2020) |
| Brief amicus curiae of The Colorado Democratic Party filed. (Distributed) |
| Brief amicus curiae of The Republican National Committee filed. VIDED. (Distributed) |
| Brief amici curiae of Campaign Legal Center and Issue One filed. VIDED. (Distributed) |
| Brief amicus curiae of National Conference of Commissioners on Uniform State Laws filed. (Distributed) |
| Brief amicus curiae of Interested Legal Scholar filed. (Distributed) |
| Brief amicus curiae and appendix of Professor Robert W. Bennett filed. VIDED. (Distributed) |
| ORAL ARGUMENT POSTPONED. |
| Brief amici curiae of Presidential Electors Mary Beth Corsentino, Stratton Rollins Heath, Jr., and Celeste Landry filed. (Distributed) |
| Motion to dispense with printing the joint appendix filed by petitioner. |
| Brief of Colorado Department of State filed. (Distributed) |
| CIRCULATED |
| This case in no longer consolidated with No. 19-465, Chiafalo v. Washington, and one hour is allotted for oral argument in this case. Justice Sotomayor took no part in the consideration of this order. |
| Letter from Clerk of Court to counsel of record noting that Justice Sotomayor will not continue to participate in this case. |
| Brief amicus curiae of Professor Edward B. Foley in support of neither party filed. VIDED. |
| Brief amicus curiae of Jerry H. Goldfeder filed. VIDED. |
| Brief amicus curiae of Making Every Vote Count Foundation in support of neither party filed. VIDED. |
| Brief amicus curiae of Michael T. Morley in support of neither party filed. VIDED. |
| Brief amicus curiae of Vinz Koller filed. VIDED. |
| Brief amicus curiae of Professor Derek T. Muller in support of neither party filed. VIDED. |
| Brief amicus curiae of Independence Institute filed. VIDED. |
| Brief amici curiae of Michael L. Rosin, et al. filed. VIDED. |
| Brief amicus curiae of Citizens for Self-Governance filed. VIDED. |
| Brief of Presidential Electors filed. VIDED. |
| Record requested from the U.S.C.A. 10th Circuit. |
| The record of the USCA 10th Circuit is available on PACER. |
| SET FOR ARGUMENT on Tuesday, April 28, 2020 (amended March 10, 2020). |
| Motion of Colorado Department of State to extend the time to file the joint appendix in No. 19-518 is granted and the time is extended to and including April 1, 2020. |
| Motion of Colorado Department of State for an extension of time to file the joint appendix in No. 19-518 filed. |
| Application (19A894) of Presidential Electors to file a consolidated opening brief on the merits in excess of the word limit is granted by Justice Sotomayor provided that the brief does not exceed 16,000 words. VIDED. |
| Blanket Consent filed by Washington. VIDED. |
| Blanket Consent filed by Colorado Department of State. VIDED. |
| Application (19A894) of Presidential Electors to file a consolidated opening brief on the merits in excess of the word limit, submitted to Justice Sotomayor. VIDED. |
| Blanket Consent filed Peter Bret Chiafalo, et al. and Micheal Baca, et al. VIDED. |
| Motion for leave to file amicus brief filed by Thomas E. Weaver GRANTED. |
| Petition GRANTED. The petition for a writ of certiorari in No. 19-465 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-465. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-465. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| DISTRIBUTED for Conference of 1/17/2020. |
| DISTRIBUTED for Conference of 1/10/2020. |
| Reply of petitioner Colorado Department of State filed. |
| Brief amicus curiae of Michael T. Morley in support of neither party filed. |
| Brief of respondent Micheal Baca in support filed. |
| Brief amici curiae of South Dakota, et al. filed. |
| Brief amicus curiae of National Conference of Commissioners on Uniform State Laws filed. |
| Brief amicus curiae of Interested Legal Scholar Robert M. Hardway filed. |
| Motion for leave to file amicus brief filed by Thomas E. Weaver. |
| Blanket Consent filed by Petitioner, Colorado Department of State. |
| Blanket Consent filed by Respondent, Micheal Baca. |
| Petition for a writ of certiorari filed. (Response due November 20, 2019) |
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